Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas v. Autohaus LP, LLP ( 2015 )

ACCEPTED 03-15-00427-CV 7686357 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/4/2015 3:42:22 PM JEFFREY D. KYLE CLERK No. 03-15-00427-CV ____________________________________________________ FILED IN 3rd COURT OF APPEALS In the Court of Appeals AUSTIN, TEXAS for the Third Judicial District 11/4/2015 3:42:22 PM JEFFREY D. KYLE Austin, Texas Clerk ____________________________________________________ GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS, AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS, Appellants, v. AUTOHAUS LP, LLP, Appellee. ____________________________________________________ On Appeal from the 419th Judicial District Court Travis County, Texas ____________________________________________________ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF ____________________________________________________ Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 36.8(d), Appellants Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas (hereinafter collectively “Appellants”), move to extend the time to file the appellants’ brief, by thirty (30) days, from the current deadline of Wednesday, November 4, 2015, to a proposed new deadline of Friday, December 4, 2015. I. Appellants have received no prior extensions of time to file their brief. II. The Appellants’ brief is currently due November 4, 2015. Appellants seek an additional 30 days to file their brief, which would extend the deadline to December 4, 2015. III. This extension is necessary because during the current 30-day period for preparing appellant’s brief, appellant’s counsel has been responsible for: (1) filing a plea to the jurisdiction in City of Austin v. Travis Central Appraisal District, Glen Hegar, Comptroller of Public Accounts for the State of Texas, et al., No. D-1-GN-15-003492, pending in the 126th Judicial District of Travis County, Texas; (2) filing a corrected administrative record, notice of the same, and responses to two motions for sanctions filed by the pro se plaintiff in Chase Carmen Hunter v. David Mattax, in his Official Capacity as Commissioner of Insurance for the State of Texas, and the Texas Department of Insurance, No. D-1-GN-13-002576, pending in the 200th Judicial District of Travis County, Texas; (3) filing responses to pro se appellant’s Emergency Motion for Clarification of the Record and to appellant’s Objection to appellees’ response in Chase Carmen Hunter v. David Mattax, in his Official Capacity as Commissioner of Insurance for the State of Texas, and the Texas Department of Insurance, No. 03-14-00737-CV, pending in this Court; (4) assisting with the preparation of oral argument in In re Steven C. Phillips, No. 14-0797, pending in the Texas Supreme Court (argued by Lesli Ginn on November 3, 2015); and 2 (5) preparing and filing the brief of Appellees Eleanor Kitzman, Julia Rathgeber, and the Texas Department of Insurance, in Chase Carmen Hunter v. Jay Bradford, Individually and in his Official Capacity as Commissioner of Insurance for Arkansas, Eleanor Kitzman, Individually and in her Official Capacity as Commissioner of Insurance for Texas, Julia Rathgeber, Individually and in her Official Capacity as Commissioner of Insurance for Texas, and the Texas Department of Insurance, et al. in No. 15-1811, pending in the United States Court of Appeals for the Eighth Circuit. IV. Appellee does not oppose this motion for extension of time. CONCLUSION For the foregoing reasons, Appellants Glenn Hegar, Comptroller of Public Accounts for the State of Texas, and Ken Paxton, Attorney General for the State of Texas, respectfully request that the Court grant this motion and extend the deadline for filing Appellants’ brief to Friday, December 4, 2015. Respectfully submitted, KEN PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation 3 LESLI G. GINN Division Chief Financial Litigation and Charitable Trusts Division /s/ Cynthia A. Morales CYNTHIA A. MORALES Assistant Attorney General Financial Litigation and Charitable Trusts Division State Bar No. 14417420 P.O. Box 12548 Austin, Texas 78711-2548 Telephone: (512) 475-4470 Telecopier: (512) 477-2348 cynthia.morales@texasattorneygeneral.gov Counsel for Appellants Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas CERTIFICATE OF CONFERENCE I certify that I conferred with Counsel for Appellee, Alex Pilawski, regarding the foregoing motion, and he advised that Appellee is not opposed to the foregoing motion. /s/ Cynthia A. Morales Cynthia A. Morales, Assistant Attorney General CERTIFICATE OF SERVICE On November 4, 2015, this Unopposed Motion for Extension of Time to File Appellants’ Brief was served via File & ServeXpress and/or email on: David E. Colmenero/Alex Pilawski MEADOWS, COLLIER, REED, COUSINS, CROUCH & UNGERMAN, L.L.P. dcolmenero@meadowscollier.com /s/ Cynthia A. Morales Cynthia A. Morales, Assistant Attorney General 4